In
comments
on the FCC's
Policies Regarding Mobile Spectrum Holdings Notice of Proposed Rulemaking
, the International Center for Law & Economics' Executive Director Geoffrey Manne urged the FCC to facilitate transfers of spectrum by eliminating the spectrum screen and replacing it
with an analysis that better suits the realities of today’s wireless market and consumers’ growing demand for wireless data.
The comments were co-authored by
Matthew Starr, TechFreedom Legal Fellow;
Geoffrey Manne, Executive Director of the International
Center for Law & Economics, Lecturer in Law at Lewis & Clark Law School & TechFreedom Senior Fellow; and TechFreedom President,
Berin Szoka
.

The following comment may be attributed to Geoffrey Manne:

There is no reliable evidence that a carrier’s control of more than a third of the usable spectrum in a market has the power
to harm consumers — and still less evidence that prohibiting spectrum transfers that exceed this threshold serves the forces
of dynamic efficiency. This arbitrary threshold doesn’t further what should be the FCC’s overriding objective: ensuring that
sufficient spectrum and the investment necessary to deploy it are available for consumer use. Instead of merely citing market
concentration as the basis for rejecting a transaction, we need an analysis of why a proposed transaction would actually
make consumers worse off — the lodestar of antitrust law.